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Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......R Yousuf, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Respondent No. 1. Not represented—Respondent Nos. 2 & 3. Criminal petition for Leave to Appeal No. 143 of 1996. (From the Judgment and order dated 8-7-96 passe...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......d petitioners have acquired a vested right and the impugned order having been passed in a judicial proceeding they have locus standi to challenge the order and, as such, the finding of the learned Judges of the High Court Division that the petitioners cannot move the application for withdrawal o..Category: Criminal Law | Date: | Hits: 63
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......heir. Md. Nasim was a national and permanent resident of Bangladesh and he used to possess the disputed building. Md. Nasim contracted to sell the disputed building on 18-1-72 to respondent No. 1 for a consideration of Taka 8,000.00 and after receiving the entire consideration money sold the di...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......s an abandoned property as per section 5(2) of Ordinance 54 of 1985 and found the house In question to be an abandoned house within the meaning of Presidents Order 16 of 1972. 6. The learned Judges of the High Court Division while considering judgment of the Court of Settlement sat over th..Category: Property Law | Date: | Hits: 89
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......uashing the proceedings in OR Case No. 835 of 1984 arising out of Kotwali PS Case No. 11 (5) 84 pending in the court of Chief Metropolitan Magistrate, Chittagong. 2. The short facts relevant for disposal of this appeal are that, respondent No. 2 Jafar Ahmed filed a petition of complaint b......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......nt in question having been produced in CR Case No. 116 of 1983 in the Court of Upazila Magistrate, Anawara, wherein respondent No. 2 alleged that the said document was fraudulently created, learned Judges of the High Court Division erred in law in not holding that the present case against the ap..Category: Criminal Law | Date: | Hits: 72
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... in an appeal and further has laid down certain propositions which! are unknown and thus are likely to mislead the Subordinate Courts resulting in real miscarriage of justice. The learned Advocate for the respondent even though happy with the result of the appeal and supports the decision on mer......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... judgment The learned Advocate has submitted that none of the more substantial points in favour of the respondent, in fact, no argument made by him was even noticed in the judgment and the learned Judges decided the appeal from their own point of view. The condemnation of the impugned judgment i..Category: Criminal Law | Date: | Hits: 77
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ......ner. Dr. Rafiqur Rahman, Senior Advocate, instructed by Sirajur Rahman, Advocate-on-Record— For Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 461 of 1995. (From the Judgment and Order dated 9-7-95 passed by th......nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ......y Das, BLD 1989 (AD) and correctly submitted that granting of reliefs summarily on a revisional application without issuing any Rule on the opposite party is neither legal nor fair and the learned Judges of the High Court Division have committed grave error of lawn passing the impugned order giv..Category: Procedural Law | Date: | Hits: 98
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......First Court of Subordinate Judge, Dhaka. The respondent Hosne Ara Begum as plaintiff brought the same against the appellants, Government of Bangladesh and Additional Deputy Commissioner (Rev) Dhaka for realization of a sum of Taka 83,61,000.00 (Taka eighty three lacs and sixty one thousand) for ......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......he suit properties are old and dilapidated and it was unfit for human habitation and for that reason she required to demolish.”(sic) 9. But we are not able to see how the learned Judges have assessed the compensation and damage while they were of opinion that the buildings in ..Category: Property Law | Date: | Hits: 72
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ...... ABM Nurul Islam, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record — For the Petitioners. Not Represented — Respondent. Criminal Petition for Leave to Appeal No. 135 of 1996. (From the judgment and order dated 28-5-96 passed by t...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......y, the petitioners have no vested right to get benefit for repealed provisions of section 167 Cr. P. C. . 2. Mr. ABM Nurul Islam, learned Counsel for the petitioners submits that the learned Judges of the High Court Division without considering the case of the petitioners wrongly discharg..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......t avail of. 2. The appellant’s case in the writ petition was that on 19-9-91 one Tabarakullah, Chairman- in-Charge of No. 8, Sonapur Union Parishad under PS Begumganj lodged a first information report with Begumganj PS against the appellant and another Anwarullah alleging, inter ali...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......n under section 561 A of the Code of Criminal procedure in the High Court Division against the aforesaid judgement and order of and sentence. The application was moved on 13.2.94 but as the learned Judges of the High Court Division observed that the said application was not maintainable the learn..Category: Criminal Law | Date: | Hits: 98
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ...... and the defendant was a monthly tenant under them in respect of the eastern half thereof. The plaintiffs wanted to, sell the said portion of the holding and the defendant agreed to purchase the same for Taka 20,000.00. It was agreed between the parties that the plaintiffs would execute the kabala b...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......be essential for the plaintiff to have it cancelled or set aside. 11. A similar approach was taken in Daibakilal Basak vs. Iqbal Ahmed Quaraishi and another, 17 DLR 119 where a Full Bench of three Judges of the Dhaka High Court had the occasion to consider the scope of section 39. While answering..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ....... on-Record — For the Petitioner. Syed Badrul Alam, Advocate instructed by Md. Nawab Ali, Advocate-on-Record— For Respondent No. 8. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 606 of 1996 (From the judgment and order dated 2-8-96 passed by the High ...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ......f his legal authority as the Ex-officio Chairman of the Managing Committee of the School issued the impugned orders contained in Annexures-E, M, J and K to the writ-petition and, as such, the learned Judges of the High Court Division erred in declaring those order illegal. The learned advocate furth..Category: Constitutional Law | Date: | Hits: 163
.... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
......sed Non-Government High School under the Board of Intermediate and Secondary Education, Rajshahi. Respondent Nos. 1-9 as teachers and respondent Nos. 10-11 as daphtaries of the said school moved the aforesaid writ petition. Their case is that the school was completely damaged in 1980 due to flood. I...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
......g at Khudbandi and, as such, the concerned authority has rightly stopped payment of their salaries and disbursement of other Government allowances.
4. In disposing of the writ petition the learned Judges of the High Court Division, for obvious reason, did not go into the dispute of shifting of th..
Category: Employment/Service Law | Date: | Hits: 95
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......nd measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayesha Bibi was his full sister. Th......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......posal in accordance with law on condition of payment of cost of Taka 12,000.00 by defendant within 3 weeks from the date of receipt of the record by the trial Court for ends of justice. The learned Judges, however, did not reverse any of the findings arrived at by the trial Court. 7. The ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......ed by a learned Single Judge of the High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......r the inspection of the lady’s father-in-law, which the Chief Court held to be established, was clearly a representation that the property was hers, and their Lordships agree with the learned Judges in the conclusion to which they came.” 18. As already noticed there is enough ..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ...... Haroon-or-Rashid, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For Respondent Nos .1 and 2. Not represented— Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 405 of 1996. (From the Judgment and order dated July 8, 1996 passed b......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ...... not required to be compulsorily registered as required under section 95(2) of the Act and as such, the finding of the Land Appeal Board cannot be sustained in law.” Accordingly, the learned Judges of the said Court made the Rule absolute by the impugned judgment and order. 3. The ..Category: Property Law | Date: | Hits: 72
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......8 March 1980 passed by the Subordinate Judge, Additional Court, Mymensingh in Other Class Suit No. 270 of 1979 and thereby dismissing the said suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defen......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ...... relief claimed in the suit. 6. Being aggrieved the contesting defendant preferred an appeal being First Appeal No. 59 of 1981 to the High Court Division. After a hearing the learned Judges of the said Court took a view that the plaintiff did not set up any case of acquisition of t..Category: Property Law | Date: | Hits: 72
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......e (appeared with the leave of the Court), instructed by Md. Nawab Ali, Advocate-On- Record —For Respondent No. 1 Respondent Nos. 2-8-Not represented. Civil Petition for Leave to Appeal No, 345 of 1996 (From the Judgment and order dated 30-6-96 passed ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......free to take any decision for securing proper investigation and for the ends of justice in a case. We find no substance in the submission of Mr. Halder. 6. It appears that the learned Judges of the High Court Division while discharging the Rule imposed a cost of Taka 2,500.00 only t..Category: Criminal Law | Date: | Hits: 78
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......f CS Plot No. 570 under CS Khatian No. 228 of mouza south Medini Mondal PS Lauhajang, District Munshiganj to the appellant by a registered kabala dated 11-1-1965 corresponding to 27th Poush 1371 BS for consideration of Taka 1,000.00 and handed over possession of the said land to the appellant. On......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......ated 10-5-1992 as also the earlier order dated 15-6-1974 passed by respondent No. 1 in the redemption case were void orders. 8. It appears from the impugned judgment that the learned Judges observed that the earlier writ petition filed by the appellant against the original order of..Category: Property Law | Date: | Hits: 88
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......by a Division Bench of the High Court Division in Criminal Appeal No, 328 of 1986 setting aside the order of conviction under section 302 of the Penal Code and sentence thereunder of transportation for life passed against the two respondents by the learned Sessions Judge, Chandpur on 13-9-1986 in......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ...... fresh trial convicted and sentenced the respondents on the basis of the evidence recorded in the Special Martial Law Court his judgment and order were illegal and without jurisdiction. The learned Judges of the High Court Division upheld the said contention and in support thereof referred to pa..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......of Article 102 needs guidance: Per Mustafa Kamal J delivering The Full Court Judgment.……………………..(43) Per Latifur Rahman J (agreeing): The Constitution is a living document and therefore its interpretation should be liberal to meet the needs of the time and demands of the people. â......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......s WAPDA PLD 1994 (SC) 693; The South Asian Environment Law Reporter, Vol. 13, September, 1994, Colombo, Srilanka, pp. 113—145; SP Gupta and others vs. Union of India and others, better known as the Judges case, (1981) AIR (SC) 344; Fertilizer Corporation Kamagar Union vs. Union of India, (1981) AI..Category: Constitutional Law | Date: | Hits: 450
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. .......5 and the Joint Secretary, Ministry of Works and Urban Development, Government of Bangladesh, defendant No.4 of Title Suit No.142 of 1986 of the First Court of Subordinate Judge. Dhaka, in a suit for specific performance of contract for sale of the suit property, is from the judgment and order ......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......t a fraud had been practised on the court in obtaining the ex parte decree in question, but the learned Subordinate Judge illegally directed the defendants to file an independent suit. The learned Judges of the High Court Division without considering the allegations of fraud misdirected themselv..Category: Property Law | Date: | Hits: 76
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